The Court directed the Judicial First Class Magistrate to dispose of the criminal complaint expeditiously or permit the accused petitioner to leave India on sufficient conditions due to his employment in Dubai.
Directed Magistrate to dispose of C.C.1620/2009 expeditiously or permit petitioner to leave India on sufficient conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931
Crl.MC.No. 49 of 2010()
--------------------------------CC.1620/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, CHENGANNUR ....................
PETITIONER/ACCUSED NO.1
------------------------------------------
TINEESH K.O., AGED 30 YEARS, S/O.UNNITTAN, KOVILAL VEEDU, KALLUSSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT, NOW WORKING AS MALE NURSE AT AMBULANCE MEDICAL CENTRE OF AMBULANCE SERVICE, P.O.BOX NO.99117, DUBAI, UAE.
BY ADV. MR.V.ANIL.
RESPONDENTS/STATE/DEFACTO COMPLAINANT
------------------------------------------------------------------------
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. LINTA SCARIA, AGED 25 YEARS, D/O.M.U. SCARIA, MADUKKAMOOTTIL HOUSE, POOVANTHURUTH, PANACHIKADU VILLAGE, KOTTAYAM.
R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
------------------------------------------ Crl.M.C.NO.49 OF 2010 ------------------------------------------ Dated 15th January 2010
O R D E R
Petitioner is the first accused in
C.C.1620/2009 on the file of Judicial First
Class Magistrate-I, Chengannur taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code. Petition is filed for a direction to the Magistrate to dispose the case within a time frame contending that petitioner is working in Dubai as a male nurse and he has to return to Dubai by 31/1/2010 and if he fails to return by 31/1/2010, he will loose his job and therefore, learned Magistrate is to be directed to dispose the case within a time frame.
Crmc 49/10
2
learned Magistrate to report whether there is
any impediment for disposing the case expeditiously.
are to be examined and if the witnesses are available, trial could be proceeded and the case could be disposed expeditiously.
In such circumstances, petition is disposed directing Judicial First Class Magistrate-I, Chengannur to dispose
C.C.1620/2009, as expeditiously as possible. If the case cannot be disposed immediately, Magistrate may permit the petitioner to leave India, on sufficient conditions.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether to direct the Magistrate to dispose the case within a time frame considering the petitioner is working abroad in Dubai.
Whether to permit the petitioner to leave India for the UAE if the case cannot be disposed immediately.
1 provisions across 1 enactments
Tineesh K.O.
State of Kerala
Linta Scaria
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
